China News Service, July 8th, according to the website of the Supreme People's Court, recently, the Supreme People's Court issued the "Opinions on Giving Full Play to the Judicial Function of Environmental Resources and Punishing the Crime of Stealing and Mining Industrial Resources in accordance with the Law" (hereinafter referred to as the "Opinions"), requiring all levels of The people's courts give full play to the role of environmental and resource adjudication, punish the crime of stealing and mining mineral resources according to law, and effectively maintain the safety of mineral resources and the ecological environment.
The "Opinions" require that it is necessary to have a profound understanding of the serious social harm of the crime of stealing and mining of industrial resources, accurately grasp the situation and tasks of cracking down on the crime of stealing and mining of industrial resources in accordance with the law, and strictly try all kinds of cases of stealing and mining of industrial resources in accordance with the law, so as to ensure the political and legal effects of adjudication. , social effects, and ecological effects are unified.
It is necessary to adhere to the basic principles of the Criminal Law and the Criminal Procedure Law, implement the criminal policy of combining leniency with strictness, implement the green principle of the Civil Code and the principle of liability for damage and comprehensive compensation, focus on exploring and applying preventive and restorative judicial rules, and support and ensure that the competent administrative organs are administered in accordance with the law , Strictly enforce the law.
It is necessary to highlight the key points of the attack, continue to severely punish "sand bullies", "mine bullies" and their "protective umbrellas" in accordance with the law, and severely punish according to the law the implementation of ecological protection red line areas, major river basins, black soil protection areas, as well as in prohibited mining areas and during prohibited mining periods. The crime of illegal mining of mineral resources shall be severely punished in accordance with the law for the crime of illegal mining of strategically scarce mineral resources.
The "Opinions" pointed out that it is necessary to correctly apply the law and give full play to the function of punishing the crime of stealing and mining industrial resources according to law.
It is necessary to convict and sentence the theft of mineral resources in strict accordance with the law, comprehensively consider the circumstances of the crime, accurately grasp the rules for determining the value of mineral products, strengthen the disposal of the property involved in the case, and achieve precise sentencing.
It is necessary to make full use of fines and sentences in accordance with the law, correctly apply suspended sentences, accurately identify joint crimes, and strengthen criminal sanctions.
It is necessary to pay full attention to and consider the impact of the illegal mining of industrial resources on the ecological environment, and strengthen the efforts to protect the ecological environment.
It is necessary to properly handle the civil public interest litigation attached to ecological environment protection according to the law, and encourage the perpetrators of illegal mining to take the initiative and timely assume civil liability.
The "Opinions" emphasize that it is necessary to adhere to multiple measures to improve and improve the system and mechanism for effectively punishing the crime of stealing and mining industrial resources.
It is necessary to improve the "three-in-one" system of criminal, civil, and administrative judicial functions in environmental resource trials, and further promote professional construction.
It is necessary to strengthen cooperation with relevant units and actively participate in the comprehensive management work.
In response to the development trend of informatization, the construction of a national environmental resource trial information platform should be accelerated.
It is necessary to fully protect the people's right to know, to participate, and to supervise, and to carry out in-depth publicity on the rule of law and interpretation of the law with cases.